Solicitor sues, claiming a torrent of bullying

Adrian Lowe

UPDATE: Legal proceedings brought by Fiona Brown against Melbourne law firm Maurice Blackburn Cashman for workplace bullying, involving colleague Lee Formica, were dismissed by His Honour Judge Carmody in the County Court of Victoria on 18 May 2012. Fiona Brown's appeal against the 2012 decision of Judge Carmody was dismissed in its entirety by the Court of Appeal of the Supreme Court of Victoria on 22 May 2013.

WHEN family law solicitor Fiona Brown took maternity leave from the prominent firm Maurice Blackburn Cashman at the end of 2002, she says a torrent of bullying from a co-worker began - and that her boss did nothing to stop it.

In fact, she claims, her boss threatened that unless she and her colleague, Lee Formica, could work out their differences, he would shut down their department, of which Ms Brown was the head.

Now Ms Brown is suing Maurice Blackburn Cashman, claiming damages for psychiatric injuries from the workplace stress sustained from bullying.

In opening the case yesterday before a County Court jury, her counsel, Peter Tree, SC, said that these included an adjustment disorder, anxiety, depression - and had now developed into either major depression or post-traumatic disorder.

He said the bullying began after Ms Brown went on maternity leave shortly before Christmas in 2002. He said she planned to return on Christmas Eve to finish filing work, but did not do so because her daughter was born.

Mr Tree said that when Ms Brown tried to finish her work, Ms Formica, who was her replacement, told her not to bother because she was on maternity leave and should enjoy her time with her baby. But, Mr Tree said, Ms Formica then complained to the boss, Michael Brett Young, that Ms Brown had not done the work.

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Mr Tree said there was always a regular ''niggle'' of incidents from Ms Formica towards Ms Brown, but there were five other major ''flare-ups'', including difficulties in the workload Ms Brown would deal with on her return to work.

Mr Tree said that when Ms Brown pointed out that the work she was to do on her second day back was too involved for that stage of her return, Ms Formica told her that she had ''better get used to'' juggling work and motherhood, ''like every other working mother''.

Ms Brown made 14 complaints to Mr Brett Young, Mr Tree told the jury, and his suggestion was that the two women ''need to work out their differences'' because if they did not, the family law department would be shut down.

Mr Tree said that when Ms Formica was promoted to salary partner, the same position as Ms Brown, she told Ms Brown that ''The war's now on, it's a fight to our career death.'' He said Ms Formica had treated Ms Brown poorly, including walking past her in the office corridor and not looking at her.

The SC said that Ms Brown was passionate about family law and being able to reconcile ''matrimonial differences'' and had aimed for a judicial posting in the Family Court or Federal Magistrates Court.

The civil trial, before Judge John Carmody and the jury of six, continues today.